How The Denver Shooting Will Shape The Debate On Gun Control

By now the entire country has heard about the deadly Aurora,
Colorado, movie theater shooting that left 12 dead
and as many as 50 injured.

Suspect James Holmes allegedly set off tear gas
bombs about 15 minutes into a midnight showing of The
Dark Knight before using multiple guns to open fire on
the crowd.

But how did this happen? In a state that has already been rocked
by dramatic gun violence—namely, the Columbine high school
shooting—how was one man allowed to amass four guns, as well as
tear gas and other militaristic weapons? And how was he able to
carry them without being caught?

As of 2003, it is illegal for any local government or law
enforcement agency to "enact an ordinance, regulation or other
law that prohibits the sale, purchase or possession of a firearm
that a person may lawfully sell, purchase or possess under state
or federal law."

It is prohibited for law enforcement or local government to
build databases of gun buyers or gun owners who leave weapons for
repair or sale on consignment; people who transfer gun ownership
unless they are federally licensed gun dealers; or serial numbers
of guns bought, sold, dropped off for repair or left for sale on
consignment.

There are no laws pertaining to bringing firearms from
another state.

The state has a shall-issue policy for concealed weapons
licenses.

Certain military equipment prohibited or controlled in other
states is legal in Colorado, and sale of some of those items is
unrestricted.

Holmes's access to weaponry

The New Republic's Timothy Noah blogged earlier this morning about how
tear gas grenades "are perfectly legal in Colorado, even though
there is no legitimate need—none—for someone not in law
enforcement or the military," to use one.
BuyPepperSprayToday.com, a website that sells pepper spray and tear gas, among
other self-defense products, also advertises the fact that its
products are "completely legal" in Colorado with "no
restrictions!"

Residents can also buy military-grade tear gas bombs with
apparent ease. KeepShooting.com sells tear gas grenades that are "ideal
for control and disbursement of crowds." The advertisement
continues, "They are hand held units that are designed for
throwing."

However, Second Amendment activists might argue Holmes would have
found a way to commit his crimes, regardless of what the gun laws
were.

Gun registration

Another huge debate will likely spring up over laws about gun
registration and concealed carry permits, which vary from state
to state. Colorado does not force residents to register
their guns and follows a "shall-issue" statute for carrying
concealed weapons.

That means that local law enforcement is required to provide
licenses to citizens wishing to carry concealed weapons so long
as they meet certain criteria, and that the authorities have only
limited data on active gun owners.

While the sheriff's office that processes a person's application
for a concealed weapon performs various background checks, the
shall-issue policy means there are certain limits in the extent
to which it can use its discretion to deny applicants a license.

Alcoholics (though recovering alcoholics that have refrained
from using alcohol for three years and have an affidavit from a
professional counselor are eligible for the permit).

"Has been adjudicated mentally defective,
which includes having been adjudicated incompetent to manage
their own affairs, or has been committed to a
mental institution." (emphasis added)

On one hand, it would appear that Holmes could have easily
obtained a gun legally, and obtained a concealed carry permit. He
did not have a criminal record, nor is he—right now, at
least—known to have officially satisfied any of the other
criteria that would have prevented him from receiving a permit.
So far, we do not know that he ever received psychological help,
and even if he did it is not clear that he would have been
"adjudicated mentally defective." This would create problems for
any law enforcement agency that tried to revoke his license.

This means he probably would not have been a red flag even had
the state kept comprehensive data on gun ownership.

However, advocates of increased gun control will likely argue
that better recording would have alerted officials to the fact
that Holmes had purchased a significant number of guns (assuming
he did so legally).

Further, shall-issue laws for concealed weaponry would have
prohibited officials from revoking the license should anyone have
expressed legitimate issues about his mental health.

Obama vs. Romney

Debates over gun control are likely to take shape in the context
of the presidential election, pitting a Mitt Romney who has promised not to impose new
gun losses versus an Obama more amenable to enacting new gun
control legislation.

In a press release issued in December 2007, Romney wrote:

When it comes to protecting the Second Amendment, I do not
support any new gun laws including any new ban on semi-automatic
firearms. As President, I will follow President Bush's precedent
of opposing any laws that go beyond the restrictions in place
when I take office. The laws I do and will support include
decades-old restrictions on weapons of unusual lethality like
grenades, rocket launchers, fully automatic firearms and what are
legally known as destructive devices and would include similar
restrictions on new and exotic weapons of similar or even greater
lethality. I am proud of my record of defending life and the
Second Amendment.

Obama has remained relatively mum on guns during his presidency,
however his support for the Arms Trade Treaty, which entered the
final stages of negotiation at the U.N. earlier this month, may
be a veritable "D-Day for gun control," as The Hill's Dick Morris called it. This
legislation would compel the U.S. to change its gun laws in line
with recommendations from an international agency, the
International Support Union, making gun control an international
issue rather than a national one.

Given the polarization of views about the kinds of gun ownership
rights afforded by the Second Amendment—and the probability that
today's shooting would have happened anyway—this is an issue
that's likely to blow up in the next few weeks and months.